Presentation Outline–Introduction

–What is Planning–The Planning Profession–Planning Processes–Legal Considerations–How do Planning Issues Impact on Property Sales–Case Study 1: Business Activity–Case Study 2: Bed and Breakfast–Case Study 3: Unapproved Building Work–Case Study 4: Upmarket Gated Village–Questions–Conclusion

Introduction:–Who are David Bettesworth Town and Regional Planners

–Visit our Website : www.dbtownplanner.co.za

–Presentation can be downloaded from website

–Objective of this presentation:•Provide overview of town planning•Highlight key planning issues relating to property sales

What is Planning:–Management and directing of growth and development of urban areas

–Planning has developed over past 100yrs into an internationally recognised specialist profession

–Land use management and Forward planning

Land Use Management:–Regulation of land use rights

on individual properties

–Zoning Schemes •(27 schemes in Cape Town)

–Title Deed Restrictions

–Other legislation

Application Types:–Rezonings–Subdivisions–Regulation departures–Temp land use departures–Consent use applications–Removal of restrictions–Amendment of conditions–Site development plans

Forward Planning:

–Guides:•Land use change•Urban growth

–Two types of documents: •Policy Documents (eg. Tourism Accommodation Policy)

•Spatial planning documents:–Regional–Metropolitan–Local

The Planning Profession:–Tertiary qualification required

–SACTRP regulates the SA town planning industry and certifies professionals

–SAITRP represents the planning industry and deals with service issues

–Two main types of planners:•Public sector planners (Council & Province)•Private sector Planners (Consulting firms)

Planning Processes:

–CoCT and PGWC assess planning applications

–Most applications require public participation

–Objectors can often appeal Council decisions

–Applications take at least several months to process

–Applications assessed on the basis of desirability

–Applicants advised to enlist the help of planning consultants

Legal Considerations:–Decisions have legal implications and affect rights

–Advice on planning issues should only be given by experienced professionals

–Zoning Schemes and Zoning Maps are legal documents that define property rights

–Title Deed restrictions “override” zoning scheme rights

–Do not assume a land use is legal because it is in operation

–Illegal land use activities risk prosecution / closure by Council

Case Study 1: “Potential for Business Use”Raats Drive, Table View

Case Study 1: “Potential for Business Use”Raats Drive, Table View

–Running business from house–Business rights achieve higher price–Zoned single residential & has title deed restrictions–Detailed planning application process required +- 2yr process–Council will only support business in certain circumstances–Illegal business could face prosecution/closure by Council

Case Study 2: “Ideal Guest House Opportunity”Hout Bay

Case Study 2: “Ideal Guest House Opportunity”Hout Bay

–In most cases B&B’s and guest houses are not permitted on single residential zoned properties–Different areas have different zoning requirements and different guiding policies

Case Study 3: “Includes granny flat”Bergvliet

Case Study 3: “Includes granny flat”Bergvliet

–In most cases partitioning and adding a sink requires building plan approval–Building inspectors no longer check for unauthorized building work prior to transfer–Adding a second sink in most cases is viewed as a second kitchen and therefore a second dwelling by Council–In most cases a second dwelling requires a planning application.

Case Study 4: “No problem to enclose that patio” Atlantic Beach Golf Estate

Case Study 4: “No problem to enclose that balcony”Atlantic Beach Golf Estate

–Gated development and group housing developments often have additional planning approvals/restrictions–Architectural appearance usually regulated through legally enforceable design guidelines–Footprint of building often regulated by Site Development Plan–Certain alterations may require neighbours consent–Not all alterations will be approved–Other parts of the City have similar restrictions: eg. Urban Conservation Areas

Thank you for your attendance

Any Questions?